Garland v. Commonwealth

Opinion

KOONTZ, C.J.

George Oliver Garland, appellant, was convicted on May 8, 1987, in a bench trial of aggravated sexual battery pursuant to the provisions of Code § 18.2-67.3. On appeal he raises the following issues: (1) whether the trial court erred in admitting into evidence the prosecutrix’s testimony relating to her reporting of the crime; and (2) whether the evidence was sufficient to support the conviction. For the reasons that follow, we reverse the conviction.

The prosecutrix, a ten year old female, testified that while she pretended to be asleep, Garland got into her bed in the…